FEB 23 RALLY & COURT HEARING: California Prisoners moved to “General Population” from SHU are STILL being held in Solitary Confinement

Please come out to show your support on February 23rd for people to be put in a true general population setting with regular access to yard, day room, programming, jobs, fresh air, phone, and other means of social interaction and environmental stimulation.

Rally with us and be in court for oral argument in this important hearing in Ashker v. Governor of California.

Friday, February 23, 2018
Phillip Burton Federal Courthouse, 450 Golden Gate Ave, San Francisco, CA 94012

12:00 pm: RALLY outside the SF Courthouse
1:00 pm: PACK THE COURTROOM, Courtroom #1, 17th Floor

Show the judge we still support those incarcerated in solitary/SHU-like conditions!

We will head inside the courthouse at 12:40pm. You must pass through a metal detector and present ID to enter the courthouse.

Facebook event: https://www.facebook.com/events/2011774719037446/

Center for Constitutional Rights (CCR) will be there! Feb 23- Oral Argument in Ashker v. Governor of CA

Stop the Torture

“My total out-of-cell time for the entire month was 16.83 hours”

To supporters of human rights,

On February 23, 2018 in San Francisco, an important motion will be heard in Ashker v. Governor (aka Ashker v. Brown), the federal class action lawsuit challenging prolonged solitary confinement in California. As a result of the settlement in Ashker, over 1400 people were released from solitary confinement Security Housing Units (SHU) to what the CA Department of Corrections and Rehabilitation (CDCR) calls “General Population.”  Yet, many of the class members released from SHU continue to suffer conditions of extreme isolation. Hardly ever getting out-of-cell time, they have been forced to spend as much or more time locked in their cells as when they were in SHU, with little to no rehabilitative or educational programming or social interaction with other people.

On February 23,  Jules Lobel, of the Center for Constitutional Rights and the Ashker legal team, will be arguing a motion challenging these SHU-like general population units as a violation of the settlement agreement.

A prisoner who is no longer in SHU after 15 years, explains his new “general population” conditions at Calipatria:

“… Out of cell time is regularly cancelled or restricted. Yard time is scheduled 4 times per week, but is often available only 1 or 2 times per week. Showers and telephone calls, which are supposed to be available every other day, are infrequent, and we must choose one or the other. … I leave my cell for 20-25 minutes for breakfast, and many days, this is my only out-of-cell time. …The conditions in ‘general population’ in Calipatria are similar to SHU… I have limited social interaction and intellectual stimulation. I rarely go outside…I have difficulty maintaining relationships with my family especially since my ability to use the telephone is so infrequent and irregular. I suffer from insomnia. I suffer from anxiety that I feel is directly linked to the irregular programming: I am anxious because I do not know what will happen next.”

Carol Strickman, of Legal Services for Prisoners with Children and the Ashker legal team, states:

“On Friday, February 23, the San Francisco district court magistrate will hear argument on our motion regarding the isolated conditions that many of our class members are experiencing in the Level IV maximum security prisons that they were transferred to. Their conditions are so extreme that our correctional expert states, ‘These prisoners are not actually in what reasonably may be considered general population: rather, they are in a form of restrictive housing as these terms are commonly understood within the corrections profession.’ We are encouraging interested parties to attend the hearing.”

RALLY AT 12PM before the hearing, outside of the courthouse
HEARING AT 1PM in Courtroom 1, on the 17th floor. (Remember to bring ID)

Please pass this message on to fellow supporters of human rights who may be able to attend on the 23rd. Check the Prisoner Hunger Strike Solidarity website for upcoming details on a postcard campaign to further support the Ashker class members. https://prisonerhungerstrikesolidarity.wordpress.com/

If you have transportation needs or offers for the Feb 23 Rally and Court Hearing, please email phssreachingout@gmail.com or call 510-426-5322 as soon as possible.

Solitary Confinement is Torture.

Parole After SHU materials

Lifer Parole Packet (pdf)
Compiled by Legal Services for Prisoners with Children. This guide is a compilation of resources from UnCommon Law, Life Support Alliance, & the Prisoner Hunger Strike Solidarity Coalition to help Lifers navigate the parole process, including the psychological evaluations.

Webinar: Parole After SHU
There are two videos, one is a training for parole attorneys and family advocates, and the second is a community presentation specifically for people with family members currently in or recently released from SHU to General Population. There are also links at the bottom of the page with related materials.

Transcript (Part 1) from Oct 7, 2017 Parole After SHU Seminar (pdf)

Rethinking Parole for Long-term SHU Prisoners (pdf)

Alternative Ways to Approach the Debriefing Issue (pdf)

Tips from Hearings (pdf)

Psychological Effects of Long Term SHU (pdf)

Some Reflections on the Effects of Long Term SHU: Imprisoned Responses to Reading Excerpts from Dr. Terry Kupers’ Report (pdf)

Oct 7, 2017 Seminar: PAROLE AFTER SHU

1-24-18 Update: PAROLE AFTER SHU resources are at: https://prisonerhungerstrikesolidarity.wordpress.com/2018/01/23/parole-after-shu-materials/

Free Seminar for Family Members and Parole Advocates, “Parole After SHU”

Since 2012, 2500 prisoners were released from SHU to general population due to:

  • Historic hunger strikes
  • CDCR regulation reform
  • Ashker v. Brown settlement

NOW WILL THEY BE PAROLED?

The path to parole is difficult and presents unique challenges for lawyers and family members.

Parole After SHU - PHSS - Half Sheet Flyer - Draft3

Join us for this informative seminar for family members and parole advocates on the steps and strategies to earn parole after spending time in SHU / Solitary Confinement.

Date:         October 7, 2017 
Time:         2:00pm-5:00pm
Location: First Congregational Church, 2501 Harrison St., Oakland, CA 94612

The event is FREE.
Wheelchair Accessible
Hosted by the Prisoner Hunger Strike Solidarity Coalition

• Presenters:

• Dr. Terry Kupers, Mental Health Expert
• Carol Strickman, Legal Services for Prisoners with Children
• Keith Wattley, Uncommon Law
  Others To Be Announced

• Please RSVP: www.phss_paroleaftershu.eventbrite.com

• FREE CHILD CARE will be provided by Bay Area Childcare Collective!
Please indicate the number and ages of children needing supervision: www.phss_paroleaftershu.eventbrite.com

• Contact: Pam at pjdgriffin@gmail.com or Sharon at 415.647.0921

• Fliers (2-on-a-page) to print and share: Parole-After-SHU Flier_2-on-a-page

CA state court : Prisoner Can’t Be Punished for Hunger Strike

  • Below is the April 23, 2016 article from SF Gate/San Francisco Chronicle (minus photos and video in the article)
  • Court’s full decision at the bottom of the post.

State court rules prisoners can’t be punished for hunger strike

http://m.sfgate.com/news/article/State-court-rules-prisoners-can-t-be-punished-7305577.php

A state appeals court says a California prisoner who took part in a mass hunger strike protesting long-term solitary confinement should not have been punished for disorderly behavior because he did not disrupt prison operations or endanger anyone.

Although the 2013 hunger strike, which involved as many as 30,000 inmates across the state, may have affected the workload of prison staff members, there was no evidence of “a breakdown of order” or any threat of violence, the First District Court of Appeal in San Francisco said in the case of a former inmate at Pelican Bay State Prison.

The ruling, issued last month, was published Friday as a precedent for future cases. In addition to overturning a 90-day sentencing increase for the inmate, the decision could help numerous hunger strikers whose prison conduct is scrutinized by parole boards, said an attorney in the case, Carol Strickman of Legal Services for Prisoners with Children.

For inmates serving life sentences with the possibility of parole, “the parole board is citing the hunger strike as a reason to keep them in prison, because of their ongoing criminal mentality,” Strickman said.

“We hope to use this opinion to try to educate the parole board,” she added. “You might say it makes you more suitable (for release), engaging in nonviolent protest. People could see it as good citizenship.”

The inmate, Jorge Gomez, was sent to Pelican Bay, in Del Norte County, in 2000 and was transferred three years later to the prison’s Security Housing Unit, where he was kept in solitary confinement for more than a decade. In July 2013, he refused to eat for four days and, after the third day, was cited for a “serious” violation of prison rules for taking part in a hunger strike.

Continue reading

‘Stop the Torture’ – UN Official Receives Formal Complaint from Solitary Prisoners’ Family Members and Advocates

For Immediate Release – Thursday, March 31, 2016

Statewide groups are condemning sleep deprivation – widely recognized as a form of torture – of prisoners in Pelican Bay’s Solitary Confinement Units in a formal complaint to the UN Special Rapporteur on Torture

Press Contact: Mohamed Shehk
408.910.2618, mohamed@criticalresistance.org
Prisoner Hunger Strike Solidarity Coalition

 

CA – After months of public outcry, California Families Against Solitary Confinement (CFASC) and the Prisoner Hunger Strike Solidarity Coalition (PHSS) have submitted a formal complaint to Juan Mendez, the UN Special Rapporteur on Torture and Other Cruel, Inhuman, and Degrading Treatment or Punishment condemning the California Department of Corrections and Rehabilitation’s (CDCR) jarringly noisy and disruptive “security/welfare checks” in Pelican Bay State Prison’s Security Housing Units (PB-SHU). These checks, which started on August 2, 2015, have deprived the prisoners of sleep for eight months, amounting to what is widely recognized as a form of torture. The complaint was submitted last week, on Thursday, March 24.

 

One prisoner recently stated that being in PB-SHU with these checks “is like a construction site all night. It is horrible. It really is torture.”  Another wrote, “For decades, military and police forces have used extreme isolation, sleep deprivation, and constant banging/noise to cause mental/physical torment and try to break a person’s mind or human will to resist questioning. These are so-called clean torture methods.”

 

The complaint to Mendez includes reports from interviews with PB-SHU prisoners conducted over a six-month period by Carol Strickman, Staff Attorney at Legal Services for Prisoners with Children.  Additionally, Mendez was provided with statements by sleep experts Dr. Thomas Roth and Dr. Jamie Zeitzer, by psychiatrist Dr. Terry Kupers, and by the American Public Health Association’s Jail and Prison Health Committee about the impact of sleep deprivation on mental health – all who have condemned the “security/welfare checks.”  Internationally recognized sleep expert Dr. Zeitzer explains in his October 2015 report, “The negative health consequences of inadequate sleep have been extensively documented and nowhere in the literature is there a report on as severe a disruption in sleep as is occurring in the Pelican Bay SHU.”

 

“My son doesn’t have the energy to exercise, write, or draw nearly as much since the checks started. He used to write me letters 2-3 times a week; now maybe once a week, and only a few lines,” says Grace A., a member of CFASC and whose son is in PB-SHU. “He has hardly been able to sleep since early August, but is fighting to stay strong. I tell him ‘You are not alone.’”

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Successful Motion in Court Strengthens CA Prisoners’ Case Against Solitary

For Immediate Release – March 10, 2015
Press Contact: Mohamed Shehk, Critical Resistance – 408.910.2618mohamed@criticalresistance.org

Oakland, CA – Pelican Bay prisoners named as plaintiffs in a class action lawsuit against the use of solitary confinement in California gained an important victory yesterday as U.S. District Judge Claudia Wilken ruled in favor of a motion filed by the plaintiffs’ counsel. The motion allows prisoners who have been in solitary confinement for more than 10 years, but have been transferred out of Pelican Bay State Prison since the lawsuit was first filed, to be eligible as class members in the case.

Our success with this motion should be a strong message to the prison administration that its attempts to evade court review of its unconstitutional practices,” says Carol Strickman, co-counsel for the plaintiffs and Staff Attorney at Legal Services for Prisoners with Children. “Our goal in this case is to support the demand of prisoners to end the inhumane use of indefinite solitary, and no amount of legal shell games is going to stop us from achieving that goal.”

In June 2014, the court granted class action status to the case for prisoners held in Pelican Bay’s notorious Security Housing Units (SHU) for more than 10 years. Since then, the California Department of Corrections and Rehabilitation (CDCR) has attempted to weaken the case and repress political organizing by transferring prisoners out of Pelican Bay, thereby claiming that they are no longer eligible class members in the lawsuit. Continue reading